Time Warner Telecom argues that under current FCC pricing rules, utilities are charging "telecommunications carrier" broadband services providers, like Time Warner Telecom, up to 272 percent more than non-telecommunications carrier competitors to deploy fiber optic infrastructure. This occurs even though telecommunications carrier attachments impose no greater costs or burdens on pole owners than the attachments of non-telecommunications carriers that are subject to lower rates.

The unreasonable discrimination of pole attachment fees is flatly inconsistent with the requirement in the 1996 Telecommunication Act that utilities charge "non-discriminatory rates" for pole attachments. It is also inconsistent with the FCC's stated policy that federal regulations should establish a "level playing field" for all providers of broadband services.